HomeMy WebLinkAboutMin 02-03-93MINUTES OF THE CITY COUNCIL OF THE
CITY OF UKIAH - February 3, 1993
The City Council convened in a regular meeting, of which the
agenda was legally noticed and posted, at 6:32 p.m., in the
Council Chambers of the Civic Center, 300 Seminary Avenue.
Roll was taken and the following Councilmembers were
present: Malone, Wattenburger, Shoemaker and Mayor
Schneiter. Staff present: city Clerk McKay, city Manager
Rough, City Attorney Rapport, Electric Utility Director
Barnes, Public Works Director Goforth, Finance Director
Burt, Public Safety Director Keplinger, Police Captain
Budrow, City Engineer Beard, Community Development Director
Harris, Redevelopment/Economic Development Coordinator
DeKnoblough, and Acting Executive Assistant Yoast.
INVOCATION/PLEDGE OF ALLEGIANCE
The City Clerk delivered the Invocation and Councilmember
Wattenburger led the Pledge of Allegiance.
Mayor Schneiter announced he would like to take an item of
Council business out of order on the agenda so that the new
Councilmember will be seated before any Council business is
conducted.
SPECIAL ORDER OF BUSINESS
5. Administer Oath of Office to New Councilmember Jim
Mastin
The City Clerk administered the Oath of office to
Councilmember Mastin and he took his Council seat at the
Council dais. Councilmember Mastin stated he is pleased to
become a member of the governing body of the Nation's No. 6
best small town and No. 1 small town in the State of
California, which was just released today in the book "The
100 Best Small Towns in America," by Norman Crampton.
4. Proclamation - Boy Scouts Anniversary Month of February
Mayor Schneiter read and presented the Proclamation to
Yokayo District Chairman, Fred Keplinger, who thanked
Council for their recognition and support of the 880 Boy
Scouts in our community.
6. Introduction of New Employees - Public Safety a. Donna
Boyd, Public Safety Dispatcher b. Stacey Porter, Public
Safety Dispatcher
The City Manager explained due to illnesses the recipients
could not attend tonight and this matter of business will be
postponed.
APPROVAL/CORRECTION OF MINUTES
7a. Reqular Adjourned Meeting January 12 - 13, 1993
M/S Shoemaker/Malone to approve the minutes of the regular
adjourned meeting of January 12 - 13, 1993, as submitted.
The motion was carried by the following roll call vote:
AYES: Councilmembers Malone, Wattenburger, Shoemaker, and
Mayor Schneiter. NOES: None. ABSTAIN: Councilmember Mastin.
7b. Reqular Meetinq of January 20, 1993
Councilmember Shoemaker requested the following change to
the minutes of the regular meeting of January 20, 1993, as
follows: Page 2, Item 10a, first paragraph, line six, change
"bst" to "best".
M/S Wattenburger/ Malone to approve the minutes of the
regular meeting of January 20, 1993 as amended. The motion
was carried by the following roll call vote: AYES;
Councilmembers Malone, Wattenburger, Shoemaker, and Mayor
Schneiter. NOES: None. ABSTAIN: Councilmember Mastin.
8. Riqht to Appeal Decision
Mayor Schneiter reviewed Section 1094.6 of the California
Code of civil Procedures regarding the appeal process.
CONSENT CALENDAR
M/S Shoemaker/Wattenburger to approve the Consent Calendar
as follows;
9a. Approved the Payroll Warrants, #46747 to #46914, from
January 3, 1993 to January 16, 1993, in the amount of
$134,782.76.
9b. Adopted Resolution No. 93-48, approving qualified
contractors list for 1993 calendar year.
9c. Awarded the contract for Sodium Hydroxide purchases to
Pressure Vessel Service, Inc., on an as needed basis with
firm unit prices.
The motion was carried by the following
AYES: Councilmembers Mastin, Malone,
Shoemaker, and Mayor Schneiter. NOES: None.
roll call vote:
Wattenburger,
10. Audience Comments on Non-Aqenda Items
Gary Green, 1221 Sequoia St., introduced himself as the new
PG&E District Manager.
PETITIONS AND COMMUNICATIONS
lla. Receive Letter from Mike Shutz Re~ardin~ Frequency of
Garbaqe Pick-up at McDonalds
The Public Works Director reported Mr. Shutz's letter
requests extending the frequency of garbage collection at
McDonalds from once a week to once every 10 days due to
their reduced volumes from their trash compaction process
and their change from polystyrene to paper packaging. He
noted the Ukiah City Code requires garbage pick up once a
week. He explained after an initial meeting with Mr. Shutz
and Ukiah Solid Waste, staff believes with the development
of a more accurate assessment of the actual waste volume
being generated, a mutually acceptable solution will be
found within the requirements of the Ukiah Municipal Code,
existing rate schedules and the franchise agreement for
garbage collection.
Mayor Schneiter stated he hopes we can accommodate this
request to encourage other businesses to recycle and reduce
waste volumes.
It was the consensus of Council to refer Mr. Shutz's request
to City Staff to develop a mutually acceptable solution
within the framework of the existing Ukiah Municipal Code
sections, rate schedules and garbage collection franchise
agreement.
UNFINISHED BUSINESS
12a. Adoption of Policy
Referral Procedures
Reqardinq
Demolition Permit
The Community Development Director reported on the City's
legislative history regarding historic and architecturally
significant building preservation and the demolition permit
process. He outlined four different options for Council's
review regarding how demolition permits can be processed. He
referred to a letter received from Judy Pruden which
explained her past participation in the review process and
Reg. Mtg.
February 3, 1993
Page 2
made recommendations to formalize the demolition permit
review process.
Discussion ensued regarding the noticing process, potential
public hearing qualifications, and private property rights.
Councilmember Shoemaker expressed concern regarding
maintaining the neighborhood flavor of a potential
historical district such as the older westside area. He
questioned notification of the public or neighborhood
process, the effects of denying a demolition permit, and
whether a demolition permit can be mitigated to include
conditions stipulating a new structure must fit
architecturally in the neighborhood.
Councilmember Malone noted if restrictions are imposed on
the older significant areas, possibly incentives could also
be provided to fix them up.
Judy Pruden, 304 South Hortense, explained her voluntary
past evaluations on applications for demolition. She
explained how her personal contact with the applicants have
resulted in the salvage of materials resulting in reduced
landfill volumes. She indicated citizens have been confused
over the past informal process and indicated a more formal
process with clear guidelines would be beneficial for all
concerned. She explained she is only a member of the
Historical society and a volunteer at the Held Poage
Research Library.
Discussion ensued regarding staff's proposed options 1 and 2.
M/S Shoemaker/Wattenburger directed staff to implement
Option 2, (create a Demolition Referral Committee made up of
the Planning Commission Chairman, a representative of the
Historical Society and a citizen at large, which would
thoroughly evaluate the demolition requests and make a
recommendation to the City Council for each request); with
an additional fourth member to be the Building Inspector;
with a standardized questionnaire; staff to develop a
notification sphere for Council to look at; the Committee is
to be called the Demolition Referral Committee with the
members to have expertise in building or historical
significance. The motion was carried by a unanimous voice
vote of all AYE.
It was noted that a Resolution will be brought back to
Council for their approval.
Councilmember Shoemaker stated the issue of Historical
Districts versus general neighborhoods needs to be addressed.
The Community Development Director explained this
comprehensive approach has been referred to the general plan
update process and advised this matter be addressed after
the final Growth Management Steering Committee
recommendations are presented.
Councilmember Shoemaker requested we explore the use of old
materials and lumber as the Building Code allows and to
explore the costs, liabilities and issues surrounding moving
buildings.
The City Manager advised an appropriate approach would be
for the City to serve as a catalyst through an incentive
approach.
12b. Authorize Demolition Permit for Destruction of Older
than 50 Year Structure Located at 414 West Clay Street by
Piero Anzillotti
The Community Development Director reported Mr. John Biaggi,
President of the Mendocino County Historical Society, has
indicated by letter that the Held-Poage Home staff is
authorized to conduct research and represent the Society in
Reg. Mtg.
February 3, 1993
Page 3
matters such as this. He noted an evaluation of this
property is provided by Judy Pruden, who is a citizen that
has been active in historic/architectural issues and has
provided past property evaluations as part of the demolition
review process. Ms. Pruden's evaluation stated that with the
exception of the asbestos siding and an upgrade to the
wiring, heating and plumbing 40 years ago, this is one of
the most historically intact buildings she has seen in
Ukiah. It was noted that this specific property is not one
of the 200 individual properties in the City's 1985
inventory but is included in a potential historic district
consisting of 184 parcels.
Larry Mitchell, Architect representing Piero Anzillotti,
stated his client intends to conduct salvage on this
building, and would be willing to allow the relocation of
this structure, provided it remain intact and not scavenged.
He also indicated a number of problems with the house such
as the walls are not solid, there are no shear walls which
creates an unknown performance criteria and the electrical
and plumbing are not standard. He indicated his client
desires to preserve the mature trees if the building were to
be moved.
Discussion ensued regarding the practicality of improving
this structure, new design of a new structure in an older
neighborhood, and possible conditioning of the demolition
permit.
M/S Malone/Wattenburger to allow the demolition permit with
the conditional options to; 1. Move the entire house without
great damage to the property or landscape or; 2. Consider
the salvage of any useable materials.
Discussion ensued regarding possible deadline dates.
Sonia Anzillotti, 414 West Clay Street, stated as they
intend to salvage material which will stay within the
family, and will agree to the moving of the structure but
feels the mature trees will have to be cut down in order to
do this, and they would like to preserve the trees.
Councilmember Malone clarified that the intent of his motion
was to allow for the relocation and/or the salvage of the
material, and in lieu of that, to allow the demolition.
Councilmember Wattenburger, maker of the second to the
motion, concurred with this intent.
It was the consensus of Council for the mature trees on this
site to be saved.
Councilmember Mastin expressed concern that the asbestos
siding be properly handled and disposed of.
The motion on the floor was carried by the following roll
call vote: AYES: Councilmembers Mastin, Malone,
Wattenburger, Shoemaker, and Mayor Schneiter. NOES: None.
Recess - 8:00 p.m.
Reconvened - 8:06 p.m.
12c. Reconsideration of Introduced Ordinance Amendinq
Division 2, Chapter 5 of the Ukiah City Code, Entitled: For
Hire Vehicle
The City Attorney reported on the proposed changes to the
previously introduced Ordinance amending Code Sections
pertaining to "For Hire Vehicles," which were requested at
the last Council meeting. He explained the proposed wording
changes pertaining to further definition of "taxicab,"
exclusion of public agencies from the definition of
"person," clarification of Public Utility Code regulation,
and the additional wording allowing contractors and lessees
as well as employees to operate an owner's taxicabs. He
Reg. Mtg.
February 3, 1993
Page 4
advised if this proposed wording is approved, final adoption
of the Ordinance be postponed until the next regular meeting.
Discussion ensued regarding insurance requirements to
protect the city while providing flexibility to the owner.
M/S Wattenburger/Malone to approve the proposed wording
changes to the Ordinance introduced at the regular meeting
of January 20, 1993. The motion was carried by the following
roll call vote: AYES: Councilmembers Malone, Wattenburger,
Shoemaker and Mayor Schneiter. NOES: None. ABSTAIN:
Councilmember Mastin.
12ci. Amendment of Resolution No. 93-43, Establishinq
Requlations for the Issuance of Permits for Vehicles
Transportinq Passenqers for Compensation under Division 2,
Chapter 5 of the Ukiah City Code
The City Attorney reported on the proposed changes amending
Resolution No. 93-46 which were suggested by staff
pertaining to driver application photographs to be
provided, driver badge to be displayed and vehicle tag
yearly expiration.
Councilmember Mastin requested an update pertaining to this
issue, which Council individually provided.
M/S Wattenburger/Malone to adopt Resolution No. 93-49,
(amending Resolution No. 93-46) establishing regulations for
the issuance of permits for vehicles transporting passengers
for compensation under Division 2, Chapter 5 of the Ukiah
City Code. The motion was carried by the following roll call
vote: AYES: Councilmembers Malone, Wattenburger, Shoemaker
and Mayor Schneiter. NOES: None. ABSTAIN: Councilmember
Mastin.
12cii. Adoption of Resolution Establishing Fees for
Administration of Chapter 5, Division 2 of the Ukiah City
Code ReGulatinG For Hire Vehicles
The City Attorney advised this proposed resolution is
presented for additional comment from Council before legal
noticing prior to adoption at a future meeting.
It was the consensus of Council to make no changes at this
time to the proposed Resolution.
NEW BUSINESS
lla. Consideration of New Council Committee AssiGnments
Mayor Schneiter proposed a few changes to previous Council
assignments, last approved August 5, 1992.
Councilmember Malone indicated he would prefer not to be on
the Redevelopment Finance Review Committee. Councilmember
Mastin agreed to be the alternate on this committee with
Agency Chairman Schneiter and Commissioner Wattenburger as
the primary designee.
Councilmember Shoemaker requested the League be notified he
is the City's designated representative.
It was the consensus of Council to approve the proposed
Council Committee Assignments with the one amendment to the
alternate position on the Redevelopment Finance Committee,
as follows: Mendocino Council of Governments (MCOG) -
Wattenburger; MTA Board of Directors - Mastin; Ukiah
Valley Sanitation District - Mayor or Vice-Mayor; city
Selection Committee - Mayor (Required); Mendocino Solid
Waste Management Authority (JPA) - Shoemaker; County Overall
Economic Development Committee - City Manager or his
Committee designee; Northern California Power Association -
Schneiter, NCPA Alternate - city Manager or Electric
Utility Director; Redwood Empire Municipal Ins. Fund (REMIF)
Reg. Mtg.
February 3, 1993
Page 5
- Mayor, Alternate - city Manager; Redwood Empire Financing
Authority (REFA) - City Manager (By Resolution); Chamber of
Commerce Liaison - Malone; League of California cities
Liaison - Shoemaker; Sun House Guild-Malone; Ukiah Players
Board - City Manager; Mayor/Managers Committee - Mayor/City
Manager; Valley Wide Task Force - Shoemaker/Schneiter, City
Manager; Valley Wide Water Task Force - Shoemaker/City
Manager or his designee; Downtown Master Plan Committee -
Mastin; Redevelopment Finance Review Committee - Agency
Chairman/Wattenburger, Mastin-Alternate; Main Street Board
of Directors - Malone/City Manager; Ukiah Community Center
Board of Directors Council Liaison - Mastin
13b. Adoption of Resolution Adoptinq Overall Economic
Development Strateq¥ Plan
The City Manager reported this proposed plan was developed
by a citizen's committee comprised of the General Plan
Economic Element Committee and representatives from West
Company and Advancement Enterprises, with the objective to
design a strategy consistent with community goals developed
through the Williams-Kuebelbeck Study, the General Plan
Draft Economic Development Plan and information developed
from the Economic Summits. He explained inclusion of
targeted groups such as the Chamber of Commerce, Downtown
Merchants Association, Ukiah Main Street, Mendocino County
Farm Bureau, Mendocino College, County of Mendocino, and
Ukiah High School are targeted key participants of this
strategy. He reported on the program goals and the
directives regarding recruitment, development of new
business, business retention, business expansion and job
training.
Mayor Schneiter commented the direction the City has taken
in the last few years is dramatic and all the citizens who
have participated in the past do appreciate all the effort
and progress. He indicated he looks forward to seeing these
endeavors come to fruition.
Councilmember Shoemaker stated this is an excellent program.
He indicated he would also like to see unique businesses
locate in the downtown area. He noted he would like to see a
statement included in the program goals pertaining to
recruitment and development of new businesses, that create
jobs which will support families at a moderate income level.
The City Manager noted definition problems could develop and
suggested the wording, "living wages."
Councilmember Mastin stated he likes this document for its
clarity and how it has pulled everything together in one
package.
Councilmember Wattenburger commented he is very excited
about this document and at this time of national recognition
for being one of the best small towns in the nation.
M/S Mastin/Wattenburger to adopt Resolution No. 93-50,
adopting the City of Ukiah Economic Development Strategy
with the suggested program goal wording from Councilmember
Shoemaker. The motion was carried by the following roll call
vote: AYES: Councilmembers Malone, Wattenburger, Shoemaker
and Mayor Schneiter. NOES: None. ABSTAIN: Councilmember
Mastin.
Mayor Schneiter indicated he would like letters of
appreciation sent to all who have participated in the
development of this exceptional document.
13c. Discussion Re~ardinq Removin~ Residency Requirements
for City of Ukiah Airport and Parks and Recreation
Commissions
The City Manager reported broadened citizen participation on
City of Ukiah Advisory Boards and Committees has occurred in
Reg. Mtg.
February 3, 1993
Page 6
the past two years. He noted the City's Airport and Parks
and Recreation facilities serve the region and are not
limited to City residents only and it is staff's
recommendation to remove residency requirements for
membership on the Airport and Parks and Recreation
Commissions.
Mayor Schneiter stated he feels this is appropriate but
indicated he would like to limit the number of outside
residents to only two on each Commission.
Councilmember Malone commented he feels it is appropriate to
include only residents of the Ukiah Valley and suggested the
City look at facilities outside the City limits to conduct
some programs.
It was the consensus of Council for staff to return with
appropriate wording to amend the Code to allow two outside
City residents on the Airport and Parks and Recreation
Commissions, using the City's sphere of influence as the
boundaries and to establish attendance guidelines.
CITY COUNCIL REPORTS
Councilmember Mastin
None.
Councilmember Malon~
Reported on the Chamber of Commerce Board meeting he
attended.
Councilmember Wattenburqer
Reported on the citizen's group meeting
protection consolidation and noted he will
for the February 17, 1993 Council meeting.
~ouncilmember Shoemaker
regarding fire
be out of town
Reported on the Observatory and Orchard Avenue Park design
meeting he attended, encouraged Council to watch the video
regarding illegal dumping in Mendocino County, noted he will
be attending an all day Mendocino Solid Waste Authority goal
setting session on the 17th, and reported on the Valley Wide
Task Force meeting.
M_D_yor Schn__geiter
Noted he spoke to the first and second grades at the Ukiah
Junior Academy, reported on the R.E.M.I.F. Conference in San
Francisco he attended last week, on the Mendocino Council of
Governments meeting he attended, on the NCPA meeting he
attended, and reminded Council of the Joint Council/Planning
Commission meeting scheduled for March 24.
CITY MANAGER/DEPARTMENT HEAD REPORTS
Reported
received
review.
on the Governor's Growth Management Report he just
and will distribute to staff and Council for their
ADJOURNMENT
There being
at 9:25 p.m.
CCMIN.121
no further
businessF, thee meeting was adjourned
Ca~hl/TKay CMC~AAE, City Clerk
Reg. Mtg.
February 3, 1993
Page 7